The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No. 2) Regulations 2013

• Citation: S.I. 2013/739
• Sections: 3

Section 1 Citation and commencement

(1) These Regulations may be cited as the Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No.2) Regulations 2013 and shall come into force on 1st April 2013.

Section 2 Revocation of the 2013 Regulations

The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013 are revoked.

Section 3 Costs order may require payment of an amount of the relevant part of the premium

(1) A costs order made in favour of a party to clinical negligence proceedings who has taken out a costs insurance policy may include provision requiring the payment of an amount in respect of all or part of the premium of that policy if—

(a) the financial value of the claim for damages in respect of clinical negligence is more than £1,000; and

(b) the costs insurance policy insures against the risk of incurring a liability to pay for an expert report or reports relating to liability or causation in respect of clinical negligence (or against that risk and other risks).

(2) The amount of the premium that may be required to be paid under the costs order shall not exceed that part of the premium which relates to the risk of incurring liability to pay for an expert report or reports relating to liability or causation in respect of clinical negligence in connection with the proceedings.